In the Matter of an Application by Dumphna Maher [2012] IEHC 445 (22 October 2012)
The court refused both applications because there is no statutory or legal authority permitting an ex parte order guaranteeing against liability for costs, nor an order precluding costs against the applicant in the event of a failed motion; such orders must be sought by agreement or by motion on notice under the Environmental Protection Act 2011.
- Citation
- [2012] IEHC 445
- Parties
- Applicant: Dymphna Maher
- Jurisdiction
- Ireland
- Judgment Date
- 22 October 2012
- Procedural Posture
- Application / Interlocutory
- Outcome
- applications refused
- Legal Topics
- Costs in Environmental Litigation, Aarhus Convention, Environmental Protection Act 2011, Ex Parte Applications
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dymphna Maher
Applicant
Procedural Posture
Application / Interlocutory
Legal Issues
- 1 Whether the court can make an ex parte order guaranteeing against liability for costs in intended proceedings relating to planning decisions under the Aarhus Convention and Environmental Protection Act 2011
- 2 Whether the court can make an order precluding costs against the applicant in the event of a failed motion
Ratio Decidendi
The court refused both applications because there is no statutory or legal authority permitting an ex parte order guaranteeing against liability for costs, nor an order precluding costs against the applicant in the event of a failed motion; such orders must be sought by agreement or by motion on notice under the Environmental Protection Act 2011.
Court Disposition
applications refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment